Landlord has unfairly....

[RockyWilder]

Bit of a technical one but here we go. Forgive me for missing certain items as i am still flustered about the whole situation.

 

 

My mum moved into a house about 5 years or so ago. Paid quite a large deposit of around £2000. She moved out less than a month ago now.

 

 

I am furious with the landlord, but he won't speak to me. And my mum is too scared to contact him about this.

 

 

From browsing around the forums, from what it seems, he has done everything by the book, took an inventory of everything and sent a letter recently to her new address, with a list of more than 50 items that are either missing, or damaged. Small things like, 1 single curtain hook missing... £12.

 

 

90% of what he has listed is well overpriced. He has completely disregarded normal wear and tear and the depreciation in the value of certain items, like the used fridge that was there when she arrived, which is at least 7 or more years old, which does not work anymore. Other things like the carpets needing cleaning and a tree we had to cut down as it was destroying the neighbors wall, which he gave permission, and paid for to remove!!!!!

 

 

She paid the deposit well before the deposit scheme of April 2007 so it does not look like she will be covered there. She has renewed the lease several times, details of which i don't know. He did increase the price a couple of times however.

 

 

Not once did he offer to come and replace dead furniture or even paint the walls.

 

 

There is a tiny hole in the wall and my dad put a foot through the ceiling of one of the bedrooms so granted that will be a maximum of £300 to fix... maximum!

 

 

I really don't know where she stands by more than half of the deposit has been taken.

 

 

I probably will have to go back and get some details filled in about this for you guys but this is all i have right now!

 

 

Desperate for some advice!

 

 

Thanks for your time!

[NewSAHD]

Please can you find out the dates when the tenancy was renewed? Also, what was the monthly rental?

 

If the tenancy has been renewed since April 2007 then the Tenancy Deposit Scheme should take effect.

 

Without wishing to be too personal why was the hole-y ceiling not repaired / carpets not cleaned prior to your parents moving out? Also, 50 items seems a lot...

 

It sounds like matters, such as the tree/wall, were well known about, so hopefully you won't mind me asking about this too.

[RockyWilder]

The full inventory list along with the list i will get in an email tomorrow.

 

 

Everything was properly cleaned before she left. Bearing in mind, there was 5 of us living in this house for 5 years. Like i said before, the carpet is, and seems to always be the main problem, its a 2 floor house with 4 bedrooms and a big sitting room, in other words, a lot of carpet. 2 kids and 3 adults, a lot of feet. Wear & tear i say. It's been cleaned and he will not get any cleaner. A steam cleaner was hired for 2 days and everything was spotless. She's not a woman that tolerates mess, trust me! Everything was done by the book, and unfortunately thats where she is getting stung, vulnerability.

 

 

The main reason why the ceiling was not done, is because the landlord is selling the house and its up in the local agency for min asking price of £750,000. The house is in a poor condition as it is and needs a lot of work, a small hole in the ceiling is minor compared to the renovation cost to the property, and whoever purchases the property is bound to restore it. It just seems like a greedy landlord to be honest. Above the ceiling is a loft, its not a gaping hole, its more of a dent where the plaster has cracked and collapsed. Not even 20 cm wide. That may be worth pointing out.

 

 

The tree was discussed, but he is not happy that it had to be cut down and wants it replacing as he feels even though he agreed to it, it only benefited our neighbors and apparently wants a new one replacing. A tree of its same size is going to cost quite a bit. But i don't really think there is much justification in that if he agreed initially. But there is nothing to prove it and the since then neighbors have sold up and gone.

 

 

The tenancy was formally renewed at some point in August so yes it would be covered, even so, he had the deposit in a scheme as soon as she signed the agreement. So all's in order there. However, he is defiantly profiteering and i just can't under stand what (the official amount confirmed) £2218 is compared to the £750,000 min the guy is going to make? It's not going to be rented out again so what's the need in freshening up the carpet?

 

 

I was reading through the LBA template, and i advised her to sort of go along with the general tone of the letter informally first and see what his reaction is.

[NewSAHD]

Thanks for this, helps put matters in some context.

 

So, he produced an inventory when your mum moved in. Now, he is relying on that, whilst not intending to return her deposit (? she paid @£2000 when she move in and his total comes to £2218 ?)

 

Sounds very frustrating at the moment. Let's see the inventory list and see what can be done about it

 

A few thoughts occur to me. Things like the ceiling could be problematical. Is it an older house, say, with a lathe and plaster ceiling? Once an area of plaster is shot, well, you see what the landlord may be concerned about as well.

 

I know it doesn't help matters now, but years ago a young family (who had been good tenants) moved out and although they left the place relatively clean and tidy they 'swopped' items, such as the new LeCreuset cookware for really cheap and nasty stuff.

 

Not only was LeCreuset shown in the original inventory, but they left the price stickers on the new, cheap-o stuff. They were then unhappy that I made a reasonable deduction from their deposit

 

''Your" landlord does not sound quite so, er, reasonable though. Let's see what he has to say for himself in the inventory!

 

What he's going to possibly make on the sale should not have any bearing on this, really. Again, I know it may not be quite what you want/need to hear at the moment, but let's get his list and see what can be done to help.

 

Will sign back on later tomorrow.

 

(Edit:

(Just realised I may have made an implication about swopping stuff/inventories that was not intended! Sorry!)

[gezwee]

If the deposit is held in an insurance based or custodial scheme you are entitled to place in dispute which lawfully obliges the scheme to hold the deposit until resolved.

[farmlama]

also note that if he is claiming for things like a new fridge then he cannot charge them full price for the cost of the fridge as he cannot replace old for new as it is betterment

[Londonlife]

I hope you get this sorted out - will leave it to more knowledgeable people to help you out, I know it's incredibly infuriating (the same thing happened to my mum, about 15 years ago, they completely took advantage of her naivety, and I will still exact revenge on that greedy estate agent if I ever get a chance;)). It's been occurring to me that it's the tenants who ought to have the right to a reference about the landlord!

 

But at least the law has improved in recent years - good luck.

[cremeegg12]

surely if the fridge was there when you moved in, then it's the LL's responsibility to fix it or replace it..?

 

He agreed re the tree, so I don't think he can suddenly change his mind. Does he mention that it was agreed at all..?

 

Re the hole in the ceiling, that's one thing that you/mum should have fixed - it's damage. It doesn't matter what will happen with the house after the tenant leaves because that's the LL's business and he has the right to expect damages to be paid for.

 

 

...and shouldn't your mum be afforded the opportunity to 'make good'?